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HomeMy WebLinkAboutBy-law 5938/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5938/02 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 22, Range 3, B.F.C., in the City of Pickering. (A 23/99) WHEREAS the Council of The Corporation of the City of Picketing deems it desirable to permit the development of 17 freehold townhouse units on the front portion of the subject lands with potential ground floor commercial uses, to permit a vehicle parking and boat storage area on the rear portion of the subject lands, and to recognize an existing detached dwelling on the north portion of the subject lands and permit a variety of commercial uses on that land; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 22, Range 3, B.F.C., designated "MU-13", "MU-14" and "02-2" on Schedule I attached hereto. o GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Bed and Breakfast" shall mean a business within a detached dwelling in which a maximum of three rooms are provided with or without meals for hire or pay, for the traveling or vacationing public; (4) "Boat Storage" shall mean the temporary or seasonal open storage of boats on land, and may include a trailer supporting a boat, but shall not include the service, repair or sale of boats; (5) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carded on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (6) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (7) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (8) "Day Nursery_" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; (9) "Dry_ Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (10) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from all other main buildings or structures; (d) "Multiple Dwelling - Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (11) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (c) "Ground Floor Area" shall mean the area of that portion of a lot occupied by a building or structure, exclusive of any porch, private garage, verandah or sum'oom, unless such sunroom is habitable at all seasons; (d) "Gross Leasable Floor Area - Commercial" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; -3- (12) "Games Arcade" shall mean any building, room, or area in which facilities are offered for the play of (a) three or more games of chance, (b) three or more games of mixed chance and skill, (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the amusement facilities offered are pool tables, billiard tables, or bowling alleys; (13) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (14) "Parking Lot" shall mean a lot or portion thereof, used for the temporary storage or parking of motor vehicles and available for public use, whether free, for compensation, or as an accommodation for clients, customers or residents, but shall not include the repair or the storage or parking of motor vehicles for hire and gain, display or for sales; (15) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include an adult entertainment parlour as defined herein or a body-mb parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; (16) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or theatre, but shall not include a games arcade or an adult entertainment parlour as defined herein; (17) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (18) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-mb parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter M.45, as amended from time-to-time, or any successor thereto; (19) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; (2O) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public. -4- (21) (c) (d) (e) (t) (g) (i) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("MU- 13" Zone) No person shall within the lands designated "MU-13" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) bed and breakfast business office club day nursery detached dwelling personal service shop professional office restaurant - type A retail store -5- (b) Zone Requirements ("MU- 13" Zone) No person shall within the lands designated "MU-13" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING LOCATION AND RESTRICTIONS A Buildings and structures shall be located entirely within the envelope illustrated on Schedule I attached hereto; B Building Height: minimum 7.5 metres maximum 11.0 metres C Front Yard Depth: minimum 3.0 metres maximum 4.5 metres D Despite clause C above, front yard balconies, verandahs and decks, both covered and uncovered, may project fully into the required minimum front yard; (ii) PARKING REQUIREMENTS A For any business office, club, day nursery, personal service shop, professional office, restaurant type-A and/or retail store use, there shall be provided and maintained on the lot a minimum of 5 parking spaces per 100 square metres of gross leasable floor area or part thereof; B For a detached dwelling use, there shall be provided and maintained on the lot a minimum of 2 parking spaces; C For a bed and breakfast use, there shall be provided and maintained on the lot a minimum of 5 parking spaces; D Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2520, as amended, shall not apply to the lands designated "MU-13" on Schedule I attached hereto; ' E Despite clauses 5.21.2g) and 5.21.2k) of By-law 2520, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (iii) SPECIAL REGULATIONS A The maximum combined gross leasable floor area for all non- residential uses on the lands zoned "MU-13" on Schedule I attached hereto shall not exceed 500 square metres; B For the purpose of this clause, the term "drive-through facility" shall mean a facility in which goods, products or services are provided directly to the customer in vehicles; II No drive through facility shall be permitted in association with any of the uses permitted on the lands designated "MU-13" on Schedule I attached hereto; C A maximum of one dwelling unit is permitted on the lands designated "MU-13" on Schedule I attached hereto; -6- D E The minimum gross floor area - residential for a detached dwelling shall be 100 square metres; Notwithstanding the provisions of 5.(1)(b)(i) and 5.(1)(b)(iii)D above, the buildings existing on the lands designated "MU-13" on Schedule I attached hereto, on the date of the passing of this By-law, as shown on Reference Plan 40R-20148 prepared by Donevan Fleischmann Petrich Ltd., Ontario Land Surveyors, dated November 21, 2000, shall be deemed to comply with the provisions of this By-law, amending Zoning By-law 2520. (2) (a) Uses Permitted ("MU- 14" Zone) No person shall within the lands designated "MU-14" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Residential Uses: (ii) A multiple dwelling- horizontal Commercial Uses: A business office B commercial school C professional office D personal service shop E restaurant type-A F retail store (b) Zone Requirements ("MU-14" Zone) No person shall within the lands designated "MU-14" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING LOCATION AND RESTRICTIONS A Buildings and structures shall be located entirely within the envelope illustrated on Schedule I attached hereto; B Despite A above, front yard balconies, verandahs and decks, both covered and uncovered, may project fully into the required minimum front yard; C Front Yard Depth: minimum 3.0 metres maximum 4.5 metres D Building Height: minimum 7.5 metres maximum 11.0 metres E Lot Frontage: minimum 6.0 metres -7- (ii) PARKING REQUIREMENTS A For each and every multiple dwelling - horizontal, there shall be provided and maintained a minimum of 3 parking spaces, any of which may not be located within a front yard, and one of which must be provided within an attached private garage located to the rear of the dwelling unit, any vehicular entrance of which shall be located not less than 6 metres from any street or drive aisle providing access to those lots; B Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2520, as amended, shall not apply to the lands designated "MU-10" on Schedule I attached hereto; C Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. D Section 5.21.1 shall not apply to the lands designated "MU-14" on Schedule I attached hereto. (iii) SPECIAL REGULATIONS A A maximum of 17 multiple dwelling - horizontal units are permitted on the lands designated zoned "MU-14" on Schedule I attached hereto; B Each dwelling unit shall provide a minimum ground floor area of 60 square metres, with a minimum finished ceiling height of 2.7 metres; C Despite Section 5.(2)(a)(ii) of this By-law, non-residential uses permitted within the "MU-14" zone designation may be established only within the ground floor of a multiple dwelling - horizontal; D A single dwelling unit shall be established on each lot above the ground floor of the dwelling, with supplementary floor area provided within the ground floor. (3) (a) Uses Permitted ("02-2" Zone) No person shall within the lands designated "02-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) parking lot (ii) boat storage (b) Zone Requirements ("02-2" Zone) No person shall within the lands designated "02-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) All vehicular parking and boat storage shall take place entirely within the envelope illustrated on Schedule I attached hereto; (ii) No buildings or structures shall be erected on the lands designated "O2-2" on Schedule I attached hereto; (iii) Despite Clause (ii) above, section 5.21.2i) of Zoning By-law 2520 shall apply to the lands designated "02-2" within the established envelope on Schedule I attached hereto; -8- (iv) Clauses 5.21.2a) to 5.21.20 inclusive, and clause 5.21.2k), of By-law 2520, as amended, shall not apply to the lands designated "O2-2" on Schedule I attached hereto; 6. BY-LAW 2520 By-law2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 21 day of January ,2002. Wayne Arth~rs, Mayor Brace Taylor, Clerk WHARF 0 STREET MU-14 02-2 L___J ENVELOPE SCHEDULE ! TO BY-LAW PASSED THIS DAY OF ,lanua,'~, 2002 MAYOR FRENCHMAN'S BAY ~AKE City of Pickering HN..LER ONTARIO BAYI.Y STREET AVENUE TATRA BOULEVARD PI.~C£ ILONA PARK II ~N~NI.AND ~F A~E~IUE DRIVE STREET LA Il:' AVENUE ALYSSUM BALATON AVF. NU;' COLMA~ A~r..NU£ ,~T PROPERTIES Planning & Development Department IDATE JAN. 28, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM January 14, 2002 To~ From: Subject: Bruce Taylor City Clerk Grant McGregor Principal Planner - Policy Implementing Zoning By-law for Zoning By-law Amendment Application A 23/99 [replaces By-law 5887/01 which was deferred at Council Oct. 1/01] 974582 Ontario Limited (Glenbrook Homes) (formerly G. & A. Hilts) Part of Lot 22, Range 3, B.F.C. (Lands on the east side of Liverpool Road and south of Wharf Street) City of Pickering On June 19, 2000, Council approved in principle zoning by-law amendment application A 23/99 to permit 17 townhomes, commercial uses, a bed and breakfast, public parking and boat storage uses on the subject lands, subject to various conditions being fulfilled. The related Draft Plan of Subdivision SP-2001-03 proposes to subdivide the lands in general accordance with the development scheme presented to Council in June of 2000. The proposed development conforms to both the staff recommended City-initiated amendments to the Pickering Official Plan (OPA 01-001/P) and the Liverpool Road Waterfi:ont Node Development Guidelines provided to Planning Committee at their special November 26, 2001 Meeting. Committee has referred both OPA 01-001/P and the Liverpool Road Waterfront Node Development Guidelines to Council for consideration on January 21, 2002.. The enclosed draft implementing zoning by-law incorporates limitations and restrictions set out by Council. A copy of Appendix I to Planning Report Number PD 28-00, outlining the conditions of approval adopted by City Council for this application, is enclosed. Conditions 1.0, 2.0, and 4.0 have been fulfilled. Condition 3.0 required the owner to enter into a development agreement with the City prior to an implementing zoning by-law being forwarded to Council for consideration, to address various specific matters pertaining to the proposed development. Most of the matters outlined in the Condition 3.0 have been fulfilled with the exception of sub-clauses (e) through (g). These sub-clauses can be more appropriately implemented through the draft plan of subdivision and site plan approval processes (and related agreements resulting from those processes). It is recommended that Council require fulfillment of the remaining condition 3.0 requirements through conditions of draft approval for related Draft Plan of Subdivision Application S-P-2001-03. Council considered proposed draft zoning by-law 5887/01 at its October 1, 2001 meeting, and deferred consideration of the matter. In that draft by-law, an "(H)" - Holding Symbol was established in the implementing zoning by-law, to be lifted prior to any townhouse dwelling units being constructed. Since the draft zoning by-law (A 23/99) and draft plan of subdivision application (S-P-2001-03) will now be considered by Council together, appropriate controls and conditions of draft plan approval can be established to ensure all conditions of zoning by-law approval are carried out and met. As such, there is no longer a need to require a holding symbol in the implementing zoning by-law. This new by-law replaces by-law 5887/01. Bruce Taylor January 14, 2002 Page 2 A revised draft zoning by-law is enclosed for Council's consideration. The purpose and effect of this new draft by-law does not differ from that by-law previously considered by City Council (5887/01) on October 1, 2001, save and except the removal of the proposed (H) - Holding Symbol recommended to control certain development design features. Those desired design features would be required and secured through conditions of draft approval and the required future subdivision agreement. A Statutory Public Meeting was held for this application on August 24, 1999. Please note that this By-law may be given all three readings at the January 21, 2002 Council Meeting, provided Council recommends approval of the related Draft Plan of Subdivision application S-P-2001-03. Mr. Stanley B. Stein, Solicitor, acting on behalf of 974582 Ontario Limited (Glenbrook Homes) has filed an appeal with the Ontario Municipal Board, pursuant to subsection 34(11) of the Planning Act, of Council's refusal or neglect to adopt zoning by-law amendment application with 90 days of its receipt. In conjunction with this appeal, Mr] Stein is also separately appealing to the Ontario Municipal Board, pursuant to subsection 51(34) of the Planning Act, the failure of the Region of Durham to approve the related plan of subdivision. If all appeals to the Ontario Municipal Board are withdrawn, the decision of the respective municipalities is final and binding. The purpose and effect of this By-law is to: allow 17 townhouse dwelling units to be constructed on the front portion of the subject lands with commercial uses permitted on the ground floor; establish specific building requirements for the townhouses that will readily accommodate retrofit to accept commercial uses within the ground floor; · establish vehicle parking and boat storage uses on the rear portion of the subject lands; and, · recognize an existing detached dwelling at the north end of the subject lands and permit the use of such lands for a variety of commercial uses. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. DN~cCt oa~ f~ evelopment Grant-McGregor, lv~ClP ~0,Pl; Principal Planner - Policy GM/jf J:~STAFI~}MCG RF-.C.'O R\watcrffont nod~ liverpool~l ~'knlemoCnills) .doc Enclosures APPENDIX I TO REPORT NUMBER PD 25-00 RECOMMENDED COI ITIONS OF APPROVAL FOIl ZONING BY-LAW AMENDMENT APPLICATION A 23/99 1.0 2.0 3:0 4.0 That prior to the forwarding of an implementing zoning by-law to City Council, the owner shall submit a revised Concept plan including elevations reflecting the direction established by the Liverpool Road Waterfront Node Development Guidelines, for the review and approval of the Director, Planning and Development. '. That prior to the forwarding of an implementing zoning by-law to .City Council, the owner shall provide the City with a Reference Plan identifying, among other matters, the conditionally-approved 0.11-hectare parcel for the existing house at the north end of the property; the blocks for residential with retail, commercial, and office uses; the block for parking, and boat storage; the blocks for aisles; and any blocks with existing or required easements... That prior to the forwarding'of an implementing zoning by-law to City Council, the owner shall enter into a Development Agreement with the City of Pickering, in which the Owner shaLl: (a) grant the City authority to establish high standards of architectural control, which would detail such aspects of building design as architectural style, elevations, materials, colours, etc.; provide the City with funding for the services of a mutually-acceptable Control Architect, who will. assist the City in reviewing proposed building siting, models and elevations;. (c) to the City's satisfaction, design and construct the ground floors of units facing Liverpool Road to appropriate Building and Fire Code standards ~uch that the unit can accommodate a variety of uses, including retail and office; (d) prepare an Environmental Report to ensure that an appropriate buffer exists,, and appropriate edge management treatment is proposed, between the proposed · development and Hydro Marsh; (e) Submit various reports, to the satisfaction of.the City, in consultation with appropriate review agencies, including but not limited to: stormwater management plans; grading plans; construction management plans; and, archaeological investigations; (f) satisfy the City with respect to the construction and conveyance of public roads, services and easements; satisfy the City with respect to the design and construction of appropriately landscaped areas and fencing to screen the public parking and boat storage. area from existing and future development; . (h) satisfy the City with respect to the manner in which division of land will Occur; and (i) any other matters deemed necessary by the City. That the implementing zoning by-law shall include, but not necessarily be limited. to the following: (a) establish a maximum number of townhoUSe units, based on a revised concept plan approved of the Director, Planning and Development; Appendix I to Report Number PD 2g-00 Page 2 Co) establish a maximum height for the townhouse units of 11 metr .es; (c) establish a minimum lot wid .th of 6 metres; (d) establish minimum and maximum front yard setbacks, based on a revised concept.. plan approved of the Director, Planning and Development; ' (e) for lots fronting on LiverPool Road, include a broad list of permitted uses (including residential, retail, personal services, and office uses); (t9 establish minimum floor area and ceiling heights for ground floors,, in order to make suitable accommodations for non-residential uses, such as retail, personal services, and office uses; (g) establish appropriate zoning for a Bed and Breakfast operation on the proposed severed parcel, including minimum off-street parking requirements; (h) establish appropriate zoning for the public parking and boat storage area; (i) establish appropriate off-street resident and visitor parking for the' residential · component; and (j) require that all garages be located in the rear yard.